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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34849
Experience:  16 years real estate, Realtor. Landlord 26 years
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Defendants attorney filed a withdrawal of defendants

Customer Question

defendants attorney filed a withdrawal of defendants demurrer on a 30 days notice to vacate property 3 days before hearing date
what is best for me as landlord.
ask for a new court date on same case or file a new unlawful detainer for lock of rent payment of October rent.(3 days notice to pay or quit was served on October 27)
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If it were me, if you have already given them a 3 day and it has expired without them paying rent, then I would go ahead and just file a new UD case based on that violation. That should be a cut and dried case because the tenant won't be able to show any proof that they paid so you will get a judgment. If the tenant even bothers to show up.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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